[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Page S14932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORIZATION OF REPRESENTATION

  Ms. COLLINS. Mr. President, I now ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 238 submitted 
earlier by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 238) to authorize representation of 
     Member of the Senate in the case of Brett Kimberlin v. Orrin 
     Hatch, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a civil action 
commenced by a pro se plaintiff in the United States District Court for 
the District of Columbia against Senator Hatch and a former member of 
the staff of the Judiciary Committee. The plaintiff is a federal 
prisoner serving a sentence for offenses related to a series of 
bombings in 1979. The complaint seeks damages from Senator Hatch and 
staff for their alleged role in the United States Parole Commission's 
1997 revocation of the plaintiff's parole for failure to satisfy an 
outstanding civil judgment against him in favor of one of the victims 
of his bombings.
  The plaintiff's claims of unfairness and political bias in his parole 
revocation hearing have already been rejected by the federal district 
court in Maryland in habeas corpus proceedings initiated by the 
plaintiff.
  This resolution authorizes the Senate Legal Counsel to represent 
Senator Hatch in this action. The Senate Legal Counsel will seek 
dismissal of the suit for failure to state a claim for relief and for 
other reasons.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motion to 
reconsider be laid upon the table, and finally that any statements 
related to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 238) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 238

       Whereas, in the case of Brett Kimberlin v. Orrin Hatch, et 
     al., C.A. No. 99-1590, pending in the United States District 
     Court for the District of Columbia, the plaintiff has named 
     as a defendant Senator Orrin G. Hatch;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(1), the Senate may direct its counsel to defend 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now therefore, be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent Senator Hatch in the case of Brett Kimberlin v. 
     Orrin Hatch, et al.

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